People v. Michael D.

*1282 Opinion

Statement of the Case

On May 25, 1987, the minor was detained on suspicion of burglary. On June 1, 1987, the People, through a probation officer, and the minor, both personally and through his mother, availed themselves of the provisions of Welfare and Institutions Code section 654 1 by signing an “Informal Probation Agreement.” The agreement stated: “In lieu of filing a Petition in the Juvenile Court and with the consent of the parents or guardians of (the minor) the San Bernardino County Probation Department will undertake a program of supervision not to exceed six months pursuant to section 654 of the Juvenile Court Law.” The agreement provided, among other things, that the minor obey all laws.

On November 9, 1987, the minor was arrested for petty theft. On December 1, 1987, the district attorney filed a petition under section 602 alleging the May 25, 1987, residential burglary (Pen. Code, § 459) as count one and the November 9, 1987, petty theft from a merchant (Pen. Code, §§ 488, 490.5) as count two. The minor moved to dismiss the petition on the ground that it was barred by section 654 as to the burglary count which was the genesis of the “Informal Probation…